LABOUR COURT Review aPPLICATION
When an arbitration award has been made and a party does not agree with the outcome thereof, the matter can be taken on Review to the Labour Court.
Review Applications to the Labour Court are initiated by what is called a Notice of Motion supported by a founding affidavit.
The founding affidavit must set out the grounds on which the Applicant relies to have the award or ruling reviewed successfully by the Labour Court.
It is important to note that review proceedings must be initiated within six (6) weeks of the Applicant receiving the award or ruling from the CCMA or BARGAINING COUNCIL.
If the review Application is not initiated within six (6) weeks,the Labour Court may condone a late Review Application on good cause shown by way of the submission of a Condonation Application and the other party, in turn, has the right to oppose the Review Application as well as the Condonation Application.
A case number must be obtained from the Registrar of the Labour Court holding jurisdiction prior to the filing of the Notice of Motion and Founding Affidavit.
The Review Application must be served on all the Respondents (either the Employee or the Employer) as well as on the CCMA or Bargaining Council before it is filed at the Labour Court.
The enforcement of the CCMA or BARGAINING COUNCIL award or ruling by the Respondent may be halted until a final decision regarding the Review Application has been made by the Labour Court.
If the award or ruling is ultimately set aside by the Labour Court, the Labour Court may make any order that it considers appropriate in relation to the procedure to be followed in determining the dispute.
The Labour Court may make various rulings in respect of a review application including:
· Setting aside the arbitration award and substituting the arbitration award with another ruling; or
· Referring the matter back to the CCMA or BARGAINING COUNCIL for adjudication in front of the same or another commissioner; or
· Dismissing the review application and upholding the arbitration award.
The process of a Review Application to the Labour Court can be a complex one and it is highly recommended that any Applicant initiating such proceedings enlist the assistance of a specialist labour attorney who is familiar with the process and the rules of the Labour Court.
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